Divorce on the Ground of Mental Cruelty
Karan
(Querist) 26 October 2014
This query is : Resolved
Hi!, I married on May, 2013, during these odd 18 months my wife left the home more than 5 times with little issue and opt to stay around 10 months at her parents home. This time too she left with little quarrel with me before 4 months. Our family and elder have try to reconcile but her parents not even ready to discuss the matter, we with our elder went to her home to reconcile but her parents has not allowed us to enter and sent us with insulting. She has started doing job at her parents home on her own. last time she when she left at that time they were not responding and taking calls so i had sent requesting letter to her come back. and in turn she threaten me that she will lodge dowry and DV case.
What are the pros and cons of filing RCR?
Is she eligible for maintenance, even she is working and earning 10K p/mnth?
What if she file false DV and 498A and how to defend wrong case?
I have one property with jointly held with my brother and have 80% Loan on that. can she claim share?
Please advice what step i have to take for contested divorce.
Devajyoti Barman
(Expert) 26 October 2014
1. There is no hark in filing RCR. You can go for it.
2. Yes, she is entitled to maintenance as her wilful departure is very hard to prove.
3.If case is wrong you have nothing to worry though you have tp pay her maintenance.
4. yes , she can claim for right of residence in the property.
5. Divorce case takes sometime but you have no option either unless she agrees for mutual divorce.
Karan
(Querist) 26 October 2014
I have voice recording in which she had confronted that she left on her own. And against my wish. Even inspite we have try to reconciled and went to bring her back. she is educated and earning on her own. If i case i have to provide her maintenance then i think i only finance her to fought legal war against me. And they will obvious drag the case if i finance then.
Suggest way that i dont have to pay them any amount of maintenance. Since they are not ready to reconcile and rejoin peacful life. I wish let them suffer mentally and finacially.
Devajyoti Barman
(Expert) 27 October 2014
You have to prove her employment. Otherwise there is no other wayout.
